Sourav Atul Saikia v. The State of Assam and 6 Ors

PageoNo.#o1/3 GAHC010027742024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/871/2024o SOURAVoATULoSAIKIAo S/O-oLATEoATULoSAIKA,oR/O-oTAPANoNAGAR,oP.O.,oP.S.oANDoDIST.o GOLAGHAT,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REPRESENTEDoBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o DISPUR,oGHY-6. 2:STATEoLEVELoCOMMITTEE oHEADEDoBYoCHIEFoSECRETARYoTOoTHEoGOVT.oOFoASSAM oDISPUR oGHY-6. 3:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oCIVILoSUPPLIESoANDoCONSUMERoAFFAIRSoDEPARTMENT oDISPUR oGHY-6. 4:THEoDIRECTOR oFOOD oCIVILoSUPPLIESoANDoCONSUMERoAFFAIRS oASSAM oBHANGAGARH oGHY-5. 5:THEoDEPUTYoCOMMISSIONER oCACHAR oASSAM Page No.# 2/3 6:THE DISTRICT LEVEL COMMITTEE HEADED BY THE DEPUTY COMMISSIONER CACHAR CHAIRMAN OF THE DISTRICT LEVEL COMMITTEE CACHAR. 7:THE ASSISTANT DIRECTOR OF FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS SILCHAR CACHAR Advocate for the Petitioner : MR. J I BORBHUIYA Advocate for the Respondent : GA, ASSAM

BEFORE HON'BLE MR. JUSTICE LANUSUNGKUM JAMIR

:: O R D E R :: 21-02-2024

Heard Mr. J.I. Borbhuiya, learned counsel for the petitioner. Also heard Mr. T.C. Chutia, learned Additional Senior Government Advocate, appearing for all the respondent. The father of the petitioner, namely, Atul Saikia, while serving as Superintendent of Food and Civil Supplies died-in-harness on 05-01-2006. Thereafter, the petitioner made an application in prescribed format praying for appointment on compassionate ground within the prescribed period of time. However, as the case of the petitioner was not considered by the concerned District Level Committee (DLC), he approached this Court by filing WP(C) No. 8084/2022, which was disposed of by order dated 16-12-2022 directing the Deputy Commissioner, Cachar, Silchar, to place the application of the petitioner for Page No.# 3/3 compassionate appointment before the next available DLC of Cachar district and the same be considered as per law. However, as no steps were taken, the petitioner had filed contempt case No. 502/2023. During pendency of the contempt petition, the respondents filed an affidavit stating that the DLC, Cachar has considered the case of the petitioner on 07-04-2015. Accordingly, by order dated 13-12-2023, the contempt petition was closed. The grievance of the petitioner before this Court is that the State Level Committee (SLC) is yet to consider the case of the petitioner. Considering the limited prayer involved, this writ petition is disposed of directing the SLC to consider the case of the petitioner in its next immediate sitting, if not already considered. If the case of the petitioner has already been considered by the SLC, the outcome of such consideration shall be intimated to the petitioner forthwith. With the above observations and directions this writ petition stands disposed of. The petitioner is permitted to serve a copy of this order to the Chief Secretary to the Government of Assam along with a copy of the present writ petition and the annexures appended thereto. JUDGE Comparing Assistant